04/15/2020 Agreement _- -..WUA,,`.,11
—"'M Kevin Madok, CPA
f
' " Clerk of the Circuit Court& Comptroller—Monroe County, Florida
DATE: May 7, 2020
TO: Breanne Erickson, Contract Administrator
Project Management
FROM: Pamela G. Hanco .C.
SUBJECT: April l5"'BOCC Meeting
Attached is an electronic copy of die following item for your hurdling:
E3 Agreement with Coral Construction Company for die Big Coppitt Fire Station #9
Building Irma Repairs in the amount of$95,320.00.
Should you have any questions please feel free to contact me at (305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
Agreement
Between Owner and Contractor
Where the basis of payment is a STIPULATED SUM
AGREEMENT
Made as of the day°Aarch 2020
I51'4 or I
BETWEEN the Owner: Monroe County Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
And the Contractor: Coral Construction Company
347 Aviation Boulevard
Marathon, Florida 33050
For the following Project: BIG COPPITT FIRE STATION #9 BUILDING REPAIRS
Scope of the Work
The Scope of Work shall include, but not be limited to, all work shown and listed in the
Project Documents and Specifications. The Contractor is required to provide a complete
job as contemplated by the documents and specifications, which are a part of this bid
package. The Contractor shall furnish all labor, supervision, materials, power, tools,
equipment, supplies, permits, and any other means of construction necessary or proper
for performing and completing the repairs listed.
Repair rusting, spalling, and other damage caused by Hurricane Irma, as explained in the
Project Documents and Specifications. Replace gutter and resolve downspout issues.
Repair stucco areas specified. Paint areas of identified damaged areas.
Acquire all necessary permits, including any fees as a part of the bid. Contractor shall
supply all of the needed materials and hardware to complete the project and properly
dispose of debris.
ARTICLE 1
The Contract Documents
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The Contract Documents consist of this Agreement, Conditions of the Contract (General,
Supplementary and other Conditions), Drawings, Specifications, Proposal Documents, Addenda
issued prior to execution of this Agreement, together with the response to RFP and all required
insurance documentation, and Modifications issued after execution of this Agreement. The
Contract represents the entire and integrated agreement between the parties hereto and
supersedes prior negotiations, representations or agreements, either written or oral. An
enumeration of the Contract Documents, other than Modifications, appears in Article 9. In the
event of a discrepancy between the documents, precedence shall be determined by the order of
the documents as just listed.
ARTICLE 2
The Work of this Contract
The Contractor shall execute the entire Work described in the Contract Documents, except to the
extent specifically indicated in the Contract Documents to be the responsibility of others, or as
follows: N/A
ARTICLE 3
Date of Commencement and Substantial Completion
3.1 The date of commencement is the date to be fixed in a notice to proceed issued by the
Owner.
The Contractor shall achieve Substantial Completion of the entire Work not later than
Thirty (30) calendar days after the date of commencement or issuance of a Notice to
Proceed. The time or times stipulated in the contract for completion of the work of the
contract or of specified phases of the contract shall be the calendar date or dates listed in
the milestone schedule.
Liquidated damages will be based on the Substantial Completion Date for all work,
modified by all approved extensions in time as set forth by the Director of Project
Management's signature of approval on the Certificate of Substantial Completion. The
liquidated damages table below shall be utilized to determine the amount of liquidated
damages.
FIRST SECOND 31ST DAY &
CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER
Under$50,000.00 $50.00/Day $100.00/Day $250.00/Day
$50,000.00-99,999.00 100.00/Day 200.00/Day 750.00/Day
$100,000.00-499,999.00 200.00/Day 500.00/Day 2,000.00/Day
$500,000.00 and Up 500.00/Day 1,000.00/Day 3,500.00/Day
The Contractor's recovery of damages and sole remedy for any delay caused by the Owner
shall be an extension of time on the Contract.
Uncontrollable Circumstance. Any delay or failure of either Party to perform its
obligations under this Agreement will be excused to the extent that the delay or failure was caused
directly by an event beyond such Party's control, without such Party's fault or negligence and that
by its nature could not have been foreseen by such Party or, if it could have been foreseen, was
unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or
other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities
(whether war is declared or not),terrorist threats or acts, riot, or other civil unrest in the geographic
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area of the Project; (d)government order or law in the geographic area of the Project; (e)actions,
embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any
governmental authority prohibiting work in the geographic area of the Project; (each, a
"Uncontrollable Circumstance"). Contractor's financial inability to perform, changes in cost or
availability of materials, components, or services, market conditions, or supplier actions or
contract disputes will not excuse performance by Contractor under this Section. Contractor shall
give County written notice within seven (7) days of any event or circumstance that is reasonably
likely to result in an Uncontrollable Circumstance, and the anticipated duration of such
Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable
Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and
resume full performance under this Agreement. The County will not pay additional cost as a result
of an Uncontrollable Circumstance. The Contractor may only seek additional time at no cost to
the County as the Owner's Representative may determine.
ARTICLE 4
Contract Sum
4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of
the Contract the Contract Sum of Ninety-Five Thousand Three Hundred Twenty and
00/100 Dollars ($95,320.00), subject to additions and deductions as provided in the
Contract Documents.
4.2 The Contract Sum is based upon the following alternates, if any, which are described in
the Contract Documents and are hereby accepted by the Owner: N/A
ARTICLE 5
Progress Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the Director of
Project Management, and upon approval for payment issued by the Director of Project
Management and Architect, the Owner shall make progress payments on account of the
Contract Sum to the contractor as provided below and elsewhere in the Contract
Documents.
5.2 The period covered by each Application for payment shall be one (1) calendar month
ending on the last day of the month, or as follows:
5.3 Payment will be made by the Owner in accordance with the Florida Local Government
Prompt Payment Act, Section 218.735, Florida Statutes.
5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by
the Contractor in accordance with the Contract Documents. The Schedule of Values shall
allocate the entire Contract Sum among the various portions of the Work and be prepared
in such form and supported by such data to substantiate its accuracy as the Director of
Project Management may require. This schedule, unless objected to by the Director of
Project Management, shall be used as a basis for reviewing the Contractor's Applications
for Payment.
5.5 Applications for Payment shall indicate the percentage of completion of each portion of
the Work as of the end of the period covered by the Application for Payment.
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5.6 Subject to the provisions of the Contract Documents, the amount of each progress
payment shall be computed as follows:
5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined
by multiplying the percentage completion of each portion of the Work by the share of the
total Contract Sum allocated to that portion of the Work in the Schedule of Values, less
retainage of ten percent 10%. Pending final determination of cost to the Owner of changes
in the Work, amounts not in dispute may be included in Applications for Payment. The
amount of credit to be allowed by the Contractor to the Owner for a deletion or change
which results in a net decrease in the Contract Sum shall be the net cost to the Owner,
less Overhead, Profit and Documented Costs incurred prior to the change Request, as
indicated in the corresponding line item in the Approved Schedule of Values for that line
item as confirmed by the Director of Project Management.When both additions and credits
covering related Work or substitutions are involved in a change, the allowance for
overhead and profit shall be figured on the basis of net increase, if any, with respect to
that change.
5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment
delivered and suitably stored at the site for subsequent incorporation in the completed
construction (or, if approved in advance by the Owner, suitably stored off the site at a
location agreed upon in writing), less retainage;
5.6.3 Subtract the aggregate of previous payments made by the Owner; and
5.6.4 Subtract amounts, if any, for which the Director of Project Management has withheld or
nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions.
5.7 Retainage of ten percent(10%)will be withheld in accordance with Section 218.735(8)(b),
Florida Statutes.
5.8 Reduction or limitation of retainage, if any, shall be as follows:
Monroe County is exempt from and not subject to Florida Statutes, Section 255.078,
"Public Construction Retainage". Reduction or limitation of retainage, if any, shall be
reduced incrementally at the discretion of and upon the approval of the Director of Project
Management.
ARTICLE 6
Final Payment
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the
Owner to the Contractor when (1)the Contract has been fully performed by the Contractor except
for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph
12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily
survive final payment, and (2) a final approval for payment has been issued by the Director of
Project Management. Such final payment shall be made by the Owner not more than twenty (20)
days after the issuance of the final approval for payment. The following documents (samples in
section 01027, Application for Payment) are required for Final Payment:
(1)Application and Certificate for Payment
(2) Continuation Sheet
(3) Certificate of Substantial Completion
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(4) Contractor's Affidavit of Debts and Claims
(5) Contractor's Affidavit of Release of Liens
(6) Final Release of Lien
(7) Contractor shall provide two (2) hard copies in tabulated divided binders and
one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF)
format delivered on a common form (i.e. flash drive) of all the following, but
not limited to:
A. Project Record Documents (As Built Documents).
B. Operating and maintenance data, instructions to the Owner's personnel.
C. Warranties, bond and guarantees.
D. Keys and keying schedule.
E. Spare parts and maintenance materials.
F. Electronic copies of approved submittals.
G. Evidence of payment and final release of liens and consent of surety to final
release (includes final release from all utilities and utility companies).
ARTICLE 7
Miscellaneous Provisions
7.1 Where reference is made in this Agreement to a provision of the General Conditions or
another Contract Document, the reference refers to that provision as amended or
supplemented by other provisions of the Contract Documents.
7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act
and Monroe County Code.
7.3 Temporary facilities and services: As described in Section 01500, Temporary Facilities, of
the General Conditions.
7.4 Annual Appropriation. Monroe County's performance and obligation to pay under this
contract is contingent upon an annual appropriation by the Board of County
Commissioners. In the event that the County funds on which this Agreement is dependent
are withdrawn, this Agreement is terminated and the County has no further obligation
under the terms of this Agreement to the Contractor beyond that already incurred by the
termination date.
7.5 A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide any goods
or services to a public entity, may not submit a proposal on a contract with a public entity
for the construction or repair of a public building or public work, may not submit proposals
on leases of real property to public entity, may not be awarded or perform work as
contractor, supplier, subcontractor, or consultant under a contract with any public entity,
and may not transact business with any public entity in excess of the threshold amount
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provided in Section 287.017, for CATEGORY TWO for a period of thirty-six (36) months
from the date of being placed on the convicted vendor list.
7.6 The following items are included in this contract:
a) Maintenance of Records. Contractor shall maintain all books, records, and documents
directly pertinent to performance under this Agreement in accordance with generally
accepted accounting principles consistently applied. Records shall be retained for a
period of seven (7)years from the termination of this Agreement or for a period of five
(5) years from the submission of the final expenditure report as per 2 CFR §200.33,
whichever is greater. Each party to this Agreement or their authorized representatives
shall have reasonable and timely access to such records of each other party to this
Agreement for public records purposes during the term of the Agreement and for four
(4) years following the termination of this Agreement. If an auditor employed by the
County or Clerk determines that monies paid to Contractor pursuant to this Agreement
were spent for purposes not authorized by this Agreement, or were wrongfully retained
by the Contractor, the Contractor shall repay the monies together with interest
calculated pursuant to Sec. 55.03, Florida Statutes, running from the date the monies
were paid to Contractor.
Right to Audit,
Availability of Records. The records of the parties to this Agreement relating to the
Project, which shall include but not be limited to accounting records (hard copy, as
well as computer readable data if it can be made available; subcontract files(including
proposals of successful and unsuccessful bidders, bid recaps, bidding instructions,
bidders list, etc.); original estimates; estimating work sheets; correspondence; change
order files (including documentation covering negotiated settlements); backcharge
logs and supporting documentation; general ledger entries detailing cash and trade
discounts earned, insurance rebates and dividends; any other supporting evidence
deemed necessary by Owner or by the Monroe County Office of the Clerk of Court
and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges
related to this Agreement, and all other agreements, sources of information and
matters that may in Owner's or the County Clerk's reasonable judgment have any
bearing on or pertain to any matters, rights, duties or obligations under or covered by
any contract document (all foregoing hereinafter referred to as "Records") shall be
open to inspection and subject to audit and/or reproduction by Owner's representative
and/or agents of Owner or the County Clerk. Owner or County Clerk may also conduct
verifications such as, but not limited to, counting employees at the job site, witnessing
the distribution of payroll, verifying payroll computations, overhead computations,
observing vendor and supplier payments, miscellaneous allocations, special charges,
verifying information and amounts through interviews and written confirmations with
employees, Subcontractors, suppliers, and contractors' representatives. All records
shall be kept for seven (7)years after Final Completion. The County Clerk possesses
the independent authority to conduct an audit of records, assets, and activities relating
to this Project. If an auditor employed by the County or Clerk determines that monies
paid to Contractor pursuant to this Agreement were spent for purposes not authorized
by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall
repay the monies together with interest calculated pursuant to Sec. 55.03, Florida
Statutes, running from the date the monies were paid to Contractor. The Right to
Audit provisions survive the termination or expiration of this Agreement.
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b) Governing Law, Venue, Interpretation, Costs, and Fees. This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida
applicable to contracts made and to be performed entirely in the State. In the event
that any cause of action or administrative proceeding is instituted for the enforcement
or interpretation of this Agreement, the County and Contractor agree that venue shall
lie in the appropriate court or before the appropriate administrative body in Monroe
County, Florida. The Parties waive their rights to trial by jury. The County and
Contractor agree that, in the event of conflicting interpretations of the terms or a term
of this Agreement by or between any of them the issue shall be submitted to mediation
prior to the institution of any other administrative or legal proceeding.
c) Severability. If any term, covenant, condition or provision of this Agreement (or the
application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining terms,
covenants, conditions and provisions of this Agreement, shall not be affected thereby;
and each remaining term, covenant, condition and provision of this Agreement shall
be valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original intent of this Agreement.
The County and Contractor agree to reform the Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the
stricken provision.
d) Attorney's Fees and Costs. The County and Contractor agree that in the event any
cause of action or administrative proceeding is initiated or defended by any party
relative to the enforcement or interpretation of this Agreement, the prevailing party
shall be entitled to reasonable attorney's fees and court costs as an award against the
non-prevailing party, and shall include attorney's fees and courts costs in appellate
proceedings.
e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement
shall bind and inure to the benefit of the County and Contractor and their respective
legal representatives, successors, and assigns.
f) Authority. Each party represents and warrants to the other that the execution, delivery
and performance of this Agreement have been duly authorized by all necessary
County and corporate action, as required by law. Each party agrees that it has had
ample opportunity to submit this Contract to legal counsel of its choice and enters into
this agreement freely, voluntarily and with advice of counsel.
g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and
is, empowered to apply for, seek, and obtain federal and state funds to further the
purpose of this Agreement; provided that all applications, requests, grant proposals,
and funding solicitations shall be approved by each party prior to submission.
h) Adjudication of Disputes or Disagreements. County and Contractor agree that all
disputes and disagreements shall be attempted to be resolved by meet and confer
sessions between representatives of each of the parties. If the issue or issues are still
not resolved to the satisfaction of the parties, then any party shall have the right to
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seek such relief or remedy as may be provided by this Agreement or by Florida law.
This Agreement is not subject to arbitration.
i) Cooperation. In the event any administrative or legal proceeding is instituted against
either party relating to the formation, execution, performance, or breach of this
Agreement, County and Contractor agree to participate, to the extent required by the
other party, in all proceedings, hearings, processes, meetings, and other activities
related to the substance of this Agreement or provision of the services under this
Agreement. County and Contractor specifically agree that no party to this Agreement
shall be required to enter into any arbitration proceedings related to this Agreement.
j) Nondiscrimination/Equal Employment Opportunity. The parties agree that there will be
no discrimination against any person, and it is expressly understood that upon a
determination by a court of competent jurisdiction that discrimination has occurred,
this Agreement automatically terminates without any further action on the part of any
party, effective the date of the court order. The parties agree to comply with all Federal
and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1)Title VII of the Civil Rights
Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of
race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment
of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits
discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as
amended (20 USC§ 794), which prohibits discrimination on the basis of handicaps; 4)
The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which
prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment
Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of
drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health
Service Act of 1912, §§ 523 and 527(42 USC §§690dd-3 and 290ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the
Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to
nondiscrimination in employment on the basis of disability; 10) Monroe County Code
Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex,
religion, national origin, ancestry, sexual orientation, gender identity or expression,
familial status or age; and 11) any other nondiscrimination provisions in any federal or
state statutes which may apply to the parties to, or the subject matter of, this
Agreement.
During the performance of this Agreement, the Contractor, in accordance with Equal
Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965
Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order
11246 Relating to Equal Employment Opportunity, and implementing regulations at
41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II,
¶C, agrees as follows:
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1. The Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender
identity, or national origin. The Contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated during employment,
without regard to their race, color, religion, sex, sexual orientation, gender identity,
or national origin. Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer, recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The contractor agrees to post in
conspicuous places, available to employees and applicants for employment,
notices to be provided by the contracting officer setting forth the provisions of this
nondiscrimination clause.
2. The Contractor will, in all solicitations or advertisements for employees placed by
or on behalf of the Contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, sexual
orientation, gender identity, or national origin.
3. The Contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or
applicant or another employee or applicant. This provision shall not apply to
instances in which an employee who has access to the compensation information
of other employees or applicants as a part of such employee's essential job
functions discloses the compensation of such other employees or applicants to
individuals who do not otherwise have access to such information, unless such
disclosure is in response to a formal complaint or charge, in furtherance of an
investigation, proceeding, hearing, or action, including an investigation conducted
by the employer, or is consistent with the contractor's legal duty to furnish
information.
4. The Contractor will send to each labor union or representative of workers with
which it has a collective bargaining agreement or other contract or understanding,
a notice to be provided by the agency contracting officer, advising the labor union
or workers' representative of the contractor's commitments under section 202 of
Executive Order 11246 of September 24, 1965, and shall post copies of the notice
in conspicuous places available to employees and applicants for employment.
5. The Contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
6. The Contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by the rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books,
records, and accounts by the contracting agency and the Secretary of Labor for
purposes of investigation to ascertain compliance with such rules, regulations, and
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orders.
7. In the event of the Contractors non-compliance with the nondiscrimination clauses
of this contract or with any of such rules, regulations, or orders, this contract may
be canceled, terminated or suspended in whole or in part and the contractor may
be declared ineligible for further Government contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, and such
other sanctions may be imposed and remedies invoked as provided in Executive
Order 11246 of September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
8. The Contractor will include the portion of the sentence immediately preceding
paragraph(1)and the provisions of paragraphs(1)through(7)in every subcontract
or purchase order unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of
September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The Contractor will take such action with respect to any
subcontract or purchase order as the administering agency may direct as a means
of enforcing such provisions, including sanctions for non-compliance; provided,
however, that in the event a contractor becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such direction by the
administering agency the Contractor may request the United States to enter into
such litigation to protect the interests of the United States.
k) Covenant of No Interest. County and Contractor covenant that neither presently has
any interest, and shall not acquire any interest, which would conflict in any manner or
degree with its performance under this Agreement, and that only interest of each is to
perform and receive benefits as recited in this Agreement.
I) Code of Ethics. County agrees that officers and employees of the County recognize
and will be required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, Florida Statutes, regarding, but not
limited to, solicitation or acceptance of gifts; doing business with one's agency;
unauthorized compensation; misuse of public position, conflicting employment or
contractual relationship; and disclosure or use of certain information.
m) No Solicitation/Payment. The County and Contractor warrant that, in respect to itself,
it has neither employed nor retained any company or person, other than a bona fide
employee working solely for it, to solicit or secure this Agreement and that it has not
paid or agreed to pay any person, company, corporation, individual, or firm, other than
a bona fide employee working solely for it, any fee, commission, percentage, gift, or
other consideration contingent upon or resulting from the award or making of this
Agreement. For the breach or violation of the provision, the Contractor agrees that
the County shall have the right to terminate this Agreement without liability and, at its
discretion, to offset from monies owed, or otherwise recover, the full amount of such
fee, commission, percentage, gift, or consideration.
n) Public Records Compliance. Contractor must comply with Florida public records
laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article
I of the Constitution of Florida. The County and Contractor shall allow and permit
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reasonable access to, and inspection of, all documents, records, papers, letters or
other "public record" materials in its possession or under its control subject to the
provisions of Chapter 119, Florida Statutes, and made or received by the County and
Contractor in conjunction with this contract and related to contract performance. The
County shall have the right to unilaterally cancel this contract upon violation of this
provision by the Contractor. Failure of the Contractor to abide by the terms of this
provision shall be deemed a material breach of this contract and the County may
enforce the terms of this provision in the form of a court proceeding and shall, as a
prevailing party, be entitled to reimbursement of all attorney's fees and costs
associated with that proceeding. This provision shall survive any termination or
expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public Records
Law in order to comply with this provision.
Pursuant to Fla. Stat., Sec. 119.0701 and the terms and conditions of this contract, the
Contractor is required to:
(1) Keep and maintain public records that would be required by the County to
perform the service.
(2) Upon receipt from the County's custodian of records, provide the County with
a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in
this chapter or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as
authorized by law for the duration of the contract term and following
completion of the contract if the contractor does not transfer the records to
the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public
records in possession of the Contractor or keep and maintain public records
that would be required by the County to perform the service. If the Contractor
transfers all public records to the County upon completion of the contract, the
Contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the
Contractor keeps and maintains public records upon completion of the
contract, the Contractor shall meet all applicable requirements for retaining
public records. All records stored electronically must be provided to the
County, upon request from the County's custodian of records, in a format that
is compatible with the information technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must
be made directly to the County, but if the County does not possess the
requested records, the County shall immediately notify the Contractor of the
request, and the Contractor must provide the records to the County or allow
the records to be inspected or copied within a reasonable time.
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If the Contractor does not comply with the County's request for records, the
County shall enforce the public records contract provisions in accordance
with the contract, notwithstanding the County's option and right to unilaterally
cancel this contract upon violation of this provision by the Contractor. A
Contractor who fails to provide the public records to the County or pursuant
to a valid public records request within a reasonable time may be subject to
penalties under Section 119.10, Florida Statutes.
The Contractor shall not transfer custody, release, alter, destroy or otherwise
dispose of any public records unless or otherwise provided in this provision
or as otherwise provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING
THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS
CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470
BRADL EY-B RIAN@ MONROECOUNTY-FL.GO V,
MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH
Street, SUITE 408, KEY WEST, FL 33040.
o) Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida
Statutes, the participation of the Contractor and the County in this Agreement and the
acquisition of any commercial liability insurance coverage, self-insurance coverage,or
local government liability insurance pool coverage shall not be deemed a waiver of
immunity to the extent of liability coverage, nor shall any contract entered into by the
County be required to contain any provision for waiver.
p) Privileges and Immunities. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability,
workers' compensation, and other benefits which apply to the activity of officers,
agents, or employees of any public agents or employees of the County, when
performing their respective functions under this Agreement within the territorial limits
of the County shall apply to the same degree and extent to the performance of such
functions and duties of such officers, agents, volunteers, or employees outside the
territorial limits of the County.
q) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory
Duties. This Agreement is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law
except to the extent of actual and timely performance thereof by any participating
entity, in which case the performance may be offered in satisfaction of the obligation
or responsibility. Further, this Agreement is not intended to, nor shall it be construed
as, authorizing the delegation of the constitutional or statutory duties of the County,
except to the extent permitted by the Florida constitution, state statute, and case law.
Page 12 of 24
r) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the
terms, or any of them, of this Agreement to enforce or attempt to enforce any third-
party claim or entitlement to or benefit of any service or program contemplated
hereunder, and the County and the Contractor agree that neither the County nor the
Contractor or any agent, officer, or employee of either shall have the authority to
inform, counsel, or otherwise indicate that any particular individual or group of
individuals, entity or entities, have entitlements or benefits under this Agreement
separate and apart, inferior to, or superior to the community in general or for the
purposes contemplated in this Agreement.
s) Attestations. Contractor agrees to execute such documents as the County may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement,
and a Drug-Free Workplace Statement.
t) No Personal Liability. No covenant or agreement contained herein shall be deemed
to be a covenant or agreement of any member, officer, agent or employee of Monroe
County in his or her individual capacity, and no member, officer, agent or employee of
Monroe County shall be liable personally on this Agreement or be subject to any
personal liability or accountability by reason of the execution of this Agreement.
u) Execution in Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken
together shall constitute one and the same instrument and any of the parties hereto
may execute this Agreement by signing any such counterpart.
v) Hold Harmless, Indemnification, and Defense. Notwithstanding any minimum
insurance requirements prescribed elsewhere in this Agreement, Contractor shall
defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed
officers and employees harmless from and against(i) any claims, actions or causes of
action, (li) any litigation, administrative proceedings, appellate proceedings, or other
proceedings relating to any type of injury (including death), loss, damage, fine, penalty
or business interruption, and (Hi) any costs or expenses that may be asserted against,
initiated with respect to, or sustained by, any indemnified party by reason of, or in
connection with, (A) any activity of Contractor or any of its employees, agents,
contractors or other invitees during the term of this Agreement, (B) the negligence or
recklessness, intentional wrongful misconduct, errors or other wrongful act or omission
of Contractor or any of its employees, agents, sub-contractors or other invitees, or(C)
Contractor's default in respect of any of the obligations that it undertakes under the
terms of this Agreement, except to the extent the claims, actions, causes of action,
litigation, proceedings, costs or expenses arise from the intentional or sole negligent
acts or omissions of the COUNTY or any of its employees, agents, contractors or
invitees (other than Contractor). The monetary limitation of liability under this contract
shall be not less than $1 million per occurrence pursuant to Fla. Stat., Sec. 725.06.
Insofar as the claims, actions, causes of action, litigation, proceedings, costs or
expenses relate to events or circumstances that occur during the term of this
Agreement, this section will survive the expiration of the term of this Agreement or any
earlier termination of this Agreement.
In the event that the completion of the project(to include the work of others) is delayed
or suspended as a result of the Contractor s failure to purchase or maintain the
required insurance, the Contractor shall indemnify the County from any and all
Page 13 of 24
increased expenses resulting from such delay. Should any claims be asserted against
the County by virtue of any deficiency or ambiguity in the plans and specifications
provided by the Contractor, the Contractor agrees and warrants that the Contractor
shall hold the County harmless and shall indemnify it from all losses occurring thereby
and shall further defend any claim or action on the County's behalf.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the
indemnification provided for the above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this Agreement.
FDEM Indemnification
To the fullest extent permitted by law,the Contractor shall indemnify and hold harmless
the Agency, the State of Florida, Department of Emergency Management, and its
officers and employees, from liabilities, damages, losses and costs, including, but not
limited to, reasonable attorney's fees, to the extent caused by the negligence,
recklessness or intentional wrongful misconduct of the Contractor and persons
employed or utilized by the Contractor in the performance of this Contract.
This indemnification shall survive the termination of this Contract. Nothing contained
in this paragraph is intended to nor shall it constitute a waiver of the State of Florida
and the (County)Agency's sovereign immunity.
w) Section Headings. Section headings have been inserted in this Agreement as a matter
- of convenience of reference only, and it is agreed that such section headings are not
a part of this Agreement and will not be used in the interpretation of any provision of
this Agreement.
x) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the
County that DBEs, as defined in C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part
with County funds under this agreement. The DBE requirements of applicable federal
and state laws and regulations apply to this Agreement. The County and its Contractor
agree to ensure that DBE's have the opportunity to participate in the performance of
the Agreement. In this regard, all recipients and contractors shall take all necessary
and reasonable steps in accordance with 2 C.F.R. §200.321 (as set forth below),
applicable federal and state laws and regulations to ensure that DBE's have the
opportunity to compete and perform contracts. The County and Contractor and
subcontractors shall not discriminate on the basis of race, color, national origin, or sex
in award and performance of contracts, entered pursuant to this Agreement.
2 C.F.R. & 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES
WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS
a. If the Contractor, with the funds authorized by this Agreement,
seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the
CONTRACTOR shall take the following affirmative steps to assure that minority
businesses, women's business enterprises, and labor surplus area firms are used
whenever possible.
b. Affirmative steps must include:
(I) Placing qualified small and minority businesses and women's business enterprises on
Page 14 of 24
solicitation lists;
(2) Assuring that small and minority businesses, and women's business enterprises
are solicited whenever they are potential sources;
(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities
to permit maximum participation by small and minority businesses, and women's
business enterprises;
(4) Establishing delivery schedules, where the requirement permits,which encourage
participation by small and minority businesses, and women's business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as the Small
Business Administration and the Minority Business Development Agency of the
Department of Commerce.
(6) Requiring the Prime contractor, if subcontractors are to be let, to take the affirmative
steps listed in paragraph (1)through (5) of this section.
y) Agreements with Subcontractors. In the event that the Contractor subcontracts any or
all of the work in this project to any third party, the Contractor specifically agrees to
identify the COUNTY as an additional insured on all insurance policies required by the
County. In addition, the Contractor specifically agrees that all agreements or contracts
of any nature with his subcontractors shall include the COUNTY as additional insured.
z) Florida Green Building Coalition Standards. Monroe County requires its buildings to
conform to Florida Green Building Coalition standards.
Special Conditions, if any, are detailed in Section 00100 of the Project Manual for this
Project.
aa) Independent Contractor. At all times and for all purposes under this Agreement,
Contractor is an independent contractor and not an employee of the Board of County
Commissioners of Monroe County or the Florida Division of Emergency Management.
No statement contained in this Agreement shall be construed so as to find Contractor
or any of its employees, subcontractors, servants, or agents to be employees of the
Board of County Commissioners of Monroe County or the Division of Historical
Resources of the State of Florida.
bb)Entire Agreement. This writing embodies the entire agreement and understanding
between the parties hereto, and there are no other agreements and understandings,
oral or written, with reference to the subject matter hereof that are not merged herein
and superseded hereby. Any amendment to this Agreement shall be in writing,
approved by the Board of County Commissioners, and signed by both parties before
it becomes effective.
7.7 Any written notices or correspondence given pursuant to this contract shall be sent by
United States Mail, certified, return receipt requested, postage prepaid, or by courier with
proof of delivery. The place of giving Notice shall remain the same as set forth herein
until changed in writing in the manner provided in this paragraph. Notice shall be sent to
the following persons:
For Contractor: Coral Construction Company
347 Aviation Boulevard
Marathon, Florida 33050
Page 15 of 24
For Owner: Director of Project Management Assistant County Administrator, PW & E
1100 Simonton St., Room 2-216 1100 Simonton St.
Key West, Florida 33040 Key West, Florida 33040
7.8 FEDERAL CONTRACT REQUIREMENTS
The Contractor and its subcontractors must follow the provisions, as applicable, as set
forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to 2 C.F.R. Part 200, as
amended, including but not limited to:
7.8.1 Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal
program legislation, which includes emergency Management Preparedness Grant
Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal
Homeland Security Grant Program, Port Security Grant Program and Transit Security
Grant Program, all prime construction contracts in excess of $2,000 awarded by non-
Federal entities must comply with the Davis-Bacon Act (40 U.S.C. §§3141-3144, and
§§3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5,
"Labor Standards Provisions Applicable to Contracts Covering Federally Financed and
Assisted Construction"). In accordance with the statute, contractors must be required to
pay wages to laborers and mechanics at a rate not less than the prevailing wages specified
in a wage determination made by the Secretary of Labor. In addition, contractors must be
required to pay wages not less than once a week. If applicable, the County must place a
current prevailing wage determination issued by the Department of Labor in each
solicitation, a copy of which is attached hereto as Exhibit"A" and made a part hereof. The
decision to award a contract or subcontract must be conditioned upon the acceptance of
the wage determination. The COUNTY must report all suspected or reported violations to
the Federal awarding agency. When required by Federal program legislation, which
includes Emergency Management Preparedness Grant Program, Homeland Security
Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant
Program, Port Security Grant Program and Transit Security Grant Program (it does not
apply to other FEMA grant and cooperative agreement programs, including the Public
Assistance Program),the contractors must also comply with the Copeland "Anti-Kickback"
Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR
Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in
Whole or in Part by Loans or Grants from the United States"). As required by the Act, each
contractor or subrecipient is prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of
the compensation to which he or she is otherwise entitled. The County must report all
suspected or reported violations to the Federal awarding agency.
(1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145,
and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are
incorporated by reference into this contract.
(2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts
the clause above and such other clauses as the FEMA may by appropriate
instructions require, and also a clause requiring the subcontractors to include
these clauses in any lower tier subcontracts. The prime contractor shall be
Page 16 of 24
responsible for the compliance by any subcontractor or lower tier subcontractor
with all of these contract clauses.
(3) Breach. A breach of the contract clauses above may be grounds for
termination of the contract, and for debarment as a contractor and
subcontractor as provided in 29 C.F.R. § 5.12.
7.8.2 Contract Work Hours and Safety Standards Act (40 U.S.C. 443701-3708). Where
applicable, which includes all FEMA grant and cooperative agreement programs, all
contracts awarded by the COUNTY in excess of $100,000 that involve the
employment of mechanics or laborers must comply with 40 U.S.C.§§ 3702 and
3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under
40 U.S.C. §3702 of the Act, each CONTRACTOR must compute the wages of every
mechanic and laborer on the basis of a standard work week of 40 hours. Work in
excess of the standard work week is permissible provided that the worker is
compensated at a rate of not less than one and a half times the basic rate of pay for
all hours worked in excess of 40 hours in the work week. The requirements of 40
U.S.C. 3704 are applicable to construction work and provide that no laborer or
mechanic must be required to work in surroundings or under working conditions
which are unsanitary, hazardous or dangerous. These requirements do not apply to
the purchases of supplies or materials or articles ordinarily available on the open
market, or contracts for transportation or transmission of intelligence.
7.8.3 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets
the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or
subrecipient wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment or performance of
experimental, developmental, or research work under that "funding agreement," the
recipient or subrecipient must comply with the requirements of 37 CFR Part 401, 'Rights
to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," and any implementing
regulations issued by the awarding agency.
7.8.4 Clean Air Act (42 U.S.C. §7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-13871. CONTRACTOR agrees to comply with all applicable standards,
orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§7401-7671q) and
the Federal Water Pollution Control Act as amended (33 U.S.C. §§1251-1387) and will
report violations to FEMA and the Regional Office of the Environmental Protection Agency
(EPA). The Clean Air Act(42 U.S.C. 7401-7671 q.)and the Federal Water Pollution Control
Act(33 U.S.C. 1251-1387), as amended—applies to Contracts and subgrants of amounts
in excess of $150,000.
7.8.5 Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see
2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in
the System for Award Management (SAM), in accordance with the OMB guidelines at 2
CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and
12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions
contains the names of parties debarred, suspended, or otherwise excluded by agencies,
Page 17 of 24
as well as parties declared ineligible under statutory or regulatory authority other than
Executive Order 12549.
7.8.6 Byrd Anti-Lobbvinq Amendment (31 U.S.C. 13521—Contractors that apply or bid for an
award exceeding $100,000 must file the required certification. Each tier certifies to the tier
above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal contract, grant or any other
award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-
Federal funds that takes place in connection with obtaining any Federal award. Such
disclosures are forwarded from tier to tier up to the non-Federal award.
7.8.7 Compliance with Procurement of Recovered Materials as set forth in 2 CFR & 200.322.
CONTRACTOR must comply with section 6002 of the Solid Waste Disposal Act, as
amended, by the Resource Conservation and Recovery Act. The requirements of Section
6002 include procuring only items designated in guidelines of the Environmental
Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of
recovered materials practicable, consistent with maintaining a satisfactory level of
competition, where the purchase price of the item exceeds $10,000 or the value of the
quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid
waste management services in a manner that maximizes energy and resource recovery;
and establishing an affirmative procurement program for procurement of recovered
materials identified in the EPA guidelines.
Other Federal and FEMA Requirements (as applicable)
7.8.8 Americans with Disabilities Act of 1990, as amended (ADA). The CONTRACTOR
will comply with all the requirements as imposed by the ADA, the regulations of the
Federal government issued thereunder, and the assurance by the CONTRACTOR
pursuant thereto.
7.8.9 Access to Records. Contractor/Consultant and their successors, transferees,
assignees, and subcontractors acknowledge and agree to comply with applicable
provisions governing the Department of Homeland Security (DHS) and the Federal
Emergency Management Agency's (FEMA) access to records, accounts,
documents, information, facilities, and staff. Contractors/Consultants must: (1)
Cooperate with any compliance review or complaint investigation conducted by
DHS; (2) Give DHS access to and the right to examine and copy records, accounts,
and other documents and sources of information related to the grant and permit
access to facilities, personnel, and other individuals and information as may be
necessary, as required by DHS regulations and other applicable laws or program
guidance; and (3) Submit timely, complete, and accurate reports to the appropriate
DHS officials and maintain appropriate backup documentation to support the
reports.
7.8.10 DHS Seal, Logo and Flans. Contractor shall not use the Department of Homeland
Security seal(s), logs, crests, or reproduction of flags or likeness of DHS agency
officials without specific FEMA approval. Changes to Contract. The Contractor
Page 18 of 24
understands and agrees that any cost resulting from a change or modification,
change order, or constructive change of the agreement
7.8.11 Changes to Contract. The Contractor understands and agrees that any cost resulting
from a change or modification, change order, or constructive change of the
agreement must be within the scope of any Federal grant or cooperative agreement
that may fund this Project and be reasonable for the completion of the Project. Any
contract change or modification, change order or constructive change must be
approved in writing by both the County and Contractor.
7.8.12 The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify
System to verify the employment eligibility of all new employees hired by the
Contractor during the term of the Contract and shall expressly require any
subcontractors performing work or providing services pursuant to the Contract to
likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify
the employment eligibility of all new employees hired by the subcontractor during
the Contract term.
7.8.13 If this Agreement is funded by the Florida Department of Emergency Management
(FDEM), the Contractor will be bound by the terms and conditions of the Federally-
Funded Sub-award and Grant Agreement between County and the Florida Division
of Emergency Management (Division) found at the following link on the Monroe
County web page: https://www.monroecounty-fl.gov/fdemgrantagreement
ARTICLE 8
Termination or Suspension
8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General
Conditions.
8.2 In the event that the Contractor shall be found to be negligent in any aspect of service, the
County shall have the right to terminate this Agreement after five(5)calendar days'written
notification to the Contractor.
8.3 Either of the parties hereto may cancel this Agreement without cause by giving the other
party sixty (60) days' written notice of its intention to do so.
8.4 Termination for Cause and Remedies: In the event of breach of any contract terms, the
County retains the right to terminate this Agreement. The County may also terminate this
Agreement for cause with Contractor should Contractor fail to perform the covenants
herein contained at the time and in the manner herein provided. In the event of such
termination, prior to termination,the County shall provide Contractor with seventy-two (72)
hours' written notice and provide the Contractor with an opportunity to cure the breach
that has occurred. If the breach is not cured, the Agreement will be terminated for cause.
If the County terminates this Agreement with the Contractor, County shall pay Contractor
the sum due the Contractor under this Agreement prior to termination, unless the cost of
completion to the County exceeds the funds remaining in the contract; however, the
County reserves the right to assert and seek an offset for damages caused by the breach.
Page 19 of 24
The maximum amount due to Contractor shall not in any event exceed the spending cap
in this Agreement. In addition, the County reserves all rights available to recoup monies
paid under this Agreement, including the right to sue for breach of contract and including
the right to pursue a claim for violation of the County's False Claims Ordinance, located
at Section 2-721 et al. of the Monroe County Code.
8.5 Termination for Convenience: The County may terminate this Agreement for
convenience, at any time, upon thirty(30)days'written notice to Contractor. If the County
terminates this Agreement with the Contractor, County shall pay Contractor the sum due
the Contractor under this Agreement prior to termination, unless the cost of completion to
the County exceeds the funds remaining in the contract. The maximum amount due to
Contractor shall not exceed the spending cap in this Agreement.
8.6 For Contracts of any amount, if the County determines that the Contractor/Consultant has
submitted a false certification under Section 287.135(5), Florida Statutes or has been
placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott
of Israel, the County shall have the option of (1) terminating the Agreement after it has
given the Contractor/Consultant written notice and an opportunity to demonstrate the
agency's determination of false certification was in error pursuant to Section
287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of
Section 287.135(4), Florida Statutes, are met.
8.7 For Contracts of $1,000,000 or more, if the County determines that the
Contractor/Consultant submitted a false certification under Section 287.135(5), Florida
Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies
with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria,
the County shall have the option of (1) terminating the Agreement after it has given the
Contractor/Consultant written notice and an opportunity to demonstrate the agency's
determination of false certification was in error pursuant to Section 287.135(5)(a), Florida
Statutes, or(2) maintaining the Agreement if the conditions of Section 287.135(4), Florida
Statutes, are met.
ARTICLE 9
Enumeration of Contract Documents
9.1 The Contract Documents, except for Modifications issued after execution of this
Agreement, are enumerated as follows:
a) Drawings: CS, GN, A-1, and A-2
9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and
Contractor.
9.1.2 The General Conditions are the General Conditions of the Contract for Construction.
9.1.3 The Supplementary and other Conditions of the Contract are those contained in the
Specifications and Construction Drawings dated August 20, 2019.
Page 20 of 24
9.1.4 The Addenda, if any, are as follows: N/A
This Agreement is entered into as of the day and year first written above and is executed in at
least one (1) original copy.
BALANCE OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
Page 21 of 24
Executihn,by the Contractor must be by a person with authority to bind the entity.
SIGNAXURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED.
• ...MEAL) BOARD OF COUNTY COMMISSIONERS
<. Mast: Kevin Madok, Clerk OF MONROE CO NTY, FLORIDA
By „-,-_„V By:
a-S// Deputy Clerk ay I airman
Dale aria lc, to )-o
(SEAL) UU
CONTRACTOR'S Witnesses Attest: CONTRACTOR:
Contractor must provide two witnesses CORAL CONSTRU ION CO PA
signatures
Signature: Signature:
Print Name: Print Name:
Date: Vl t Title: \
And Date: Oil 04 I w w
Signature —
Print Name: yt� �I?(m2- f _
Date: D U I tit I to 2v
STATE OFFIM t' dcv COUNTY OF YVI O VI VO&
On this it[.w day of 'rJYI , 20Z,, before me, the un ersignedo tarypubli�
by m �hysieaFp or❑ online, personally appeared CMLItF& Oil
a•R-to ma to be the person whose n e is subscribed above or who produce- ^�
as Icentiflcat' acknowledged that h=rl= the person wwn�iioo execulid the
above contract with Monroe County for Big Coppitt Fire Station #9 BuildingR2epairssr t�
purposes therein contained.
Notary Public wn I�nI/ I.{/y1. �
Print Name x(L(•I`VN III tkf '.7i'^'".Te`- KIMBERLY S.MEHEGAN
tell', /2,V/�'� MY COMMISSION p GG 095055
/N(u.(, �> " d Thru NS:Apd119,2021
My commission expires: (Seal) •• Bonded m,�Noiary aua,cunaeivauan
MONROE COUNTY ATTORNEY'S OFFICE
( LISPATRICIA FASCES 22 of�3"
ASSISTANT COUNTY ATTQRNEY Pageki
DATE' 3- 7.-7 07 y__
GENERAL REQUIREMENTS
Where Project Management is Not a Constructor
Section 00750 General Conditions
Section 00970 Project Safety and Health Plan
Section 00980 Contractor Quality Control Plan
Section 01015 Contractor's Use of the Premises
Section 01027 Application for Payment
Section 01030 Alternates
Section 01040 Project Coordination
Section 01045 Cutting and Patching
Section 01050 Field Engineering
Section 01200 Project Meetings
Section 01301 Submittals
Section 01310 Progress Schedules
Section 01370 Schedule of Values
Section 01385 Daily Construction Reports
Section 01395 Request for Information —(RFI)
Section 01410 Testing Laboratory Services
Section 01421 Reference Standards and Definitions
Section 01500 Temporary Facilities
Section 01520 Construction Aids
Section 01550 Access Roads and Parking Areas
Section 01560 Temporary Controls
Section 01590 Field Offices and Sheds
Section 01595 Construction Cleaning
Section 01600 Material and Equipment
Section 01630 Post-Proposal Substitutions
Section 01640 Product Handling
Section 01700 Contract Closeout
Section 01710 Final Cleaning
Section 01720 Project Record Documents
Section 01730 Operation and Maintenance Data
Section 01740 Warranties
Page 23 of 24
EXHIBIT "A"
DAVIS BACON WAGE DETERMINATION
Page 24 of 24
"General Decision Number: FL20200022 01/03/2020
Superseded General Decision Number : FL20190022
State : Florida
Construction Type : Building
County: Monroe County in Florida.
BUILDING CONSTRUCTION PROJECTS (does not include single
family homes or apartments up to and including 4 stories) .
Note : Under Executive Order (EO) 13658 , an hourly minimum
wage of $10 . 80 for calendar year 2020 applies to all
contracts subject to the Davis-Bacon Act for which the
contract is awarded (and any solicitation was issued) on or
after January 1 , 2015 . If this contract is covered by the
E0, the contractor must pay all workers in any
n1 oc fication listed on this wage determination at least
$10 . 80 per hour (or the applicable wage rate listed on this
wage determination, if it is higher) for all hours spent
performing on the contract in calendar year 2020 . If this
contract is covered by the EO and a classification
considered necessary for performance of work on the
contract does not appear on this wage determination, the
contractor must pay workers in that classification at least
the wage rate determined through the conformance process
set forth in 29 CFR 5 . 5 (a) (1) (ii) (or the EO minimum wage
rate, if it is higher than the conformed wage rate) . The
FO minimum wage rate will be adjusted annually. Please
note that this EO applies to the above-mentioned types of
contracts entered into by the federal government that are
subject to the Davis-Bacon Act itself , but it does not
apply to contracts subject only to the Davis-Bacon Related
Acts, including those set forth at 29 CFR 5 . 1 (a) (2) - (60) .
Additional information on contractor requirements and
worker protections under the EO is available at
www.dol .gov/whd/govcontracts .
Modification Number Publication Date
0 01/03/2020
* ELEC0349-003 09/02/2019
Rates Fringes
ELECTRICIAN $ 35 . 36 12 . 77
ENGI0487-004 07/01/2013
Rates Fringes
OPERATOR: Crane
All Cranes Over 15 Ton
Capacity $ 29 . 00 8 . 80
Yard Crane, Hydraulic
Crane, Capacity 15 Ton and
Under $ 22 . 00 8 . 80
IRON0272-004 10/01/2019
Rates Fringes
IRONWORKER, STRUCTURAL AND
REINFORCING $ 25 . 49 11 . 99
PAIN0365-004 08/01/2019
Rates Fringes
PAINTER: Brush Only $ 20 . 21 11 . 28
SFFL0821-001 01/01/2019
Rates Fringes
SPRINKLER FITTER (Fire
Sprinklers) $ 28 . 38 19 . 44
SHEE0032-003 12/01/2013
Rates Fringes
SHEETMETAL WORKER (HVAC Duct
Installation) $ 23 . 50 12 . 18
SUFL2009-059 05/22/2009
Rates Fringes
CARPENTER $ 15 . 08 5 . 07
CEMENT MASON/CONCRETE FINISHER $ 12 . 45 0 . 00
FENCE ERECTOR $ 9 . 94 0 . 00
LABORER: Common or General $ 8 . 62 0 . 00
LABORER : Pipelayer $ 10 .45 0 . 00
OPERATOR: Backhoe/Excavator $ 16 . 98 0 . 00
OPERATOR: Paver (Asphalt ,
Aggregate, and Concrete) $ 9 . 58 0 . 00
OPERATOR: Pump $ 11 . 00 0 . 00
PAINTER : Roller and Spray $ 11 . 21 0 . 00
PLUMBER $ 12 . 27 3 . 33
ROOFER: Built Up,
Composition, Hot Tar and
Single Ply $ 14 . 33 0 . 00
SHEET METAL WORKER, Excludes
HVAC Duct Installation $ 14 . 41 3 . 61
TRUCK DRIVER, Includes Dump
and 10 Yard Haul Away $ 8 . 00 0 . 15
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental .
Note : Executive Order (EO) 13706 , Establishing Paid Sick
Leave for Federal Contractors applies to all contracts
subject to the Davis-Bacon Act for which the contract is
awarded (and any solicitation was issued) on or after
January 1 , 2017 . If this contract is covered by the EO,
the contractor must provide employees with 1 hour of paid
sick leave for every 30 hours they work, up to 56 hours of
paid sick leave each year. Employees must be permitted to
use paid sick leave for their own illness, injury or other
health-related needs, including preventive care ; to assist
a family member (or person who is like family to the
employee) who is ill , injured, or has other health-related
needs, including preventive care; or for reasons resulting
from, or to assist a family member (or person who is like
family to the employee) who is a victim of , domestic
violence, sexual assault , or stalking . Additional
information on contractor requirements and worker
protections under the EO is available at
www.dol .gov/whd/govcontracts .
Unlisted classifications needed for work not included
within the scope of the classifications listed may be added
after award only as provided in the labor standards
contract clauses (29CFR 5 . 5 (a) (1) (ii) ) .
The body of each wage determination lists the
classification and wage rates that have been found to be
prevailing for the cited type (s) of construction in the
area covered by the wage determination. The classifications
are listed in alphabetical order of " "identifiers" " that
indicate whether the particular rate is a union rate
(current union negotiated rate for local) , a survey rate
(weighted average rate) or a union average rate (weighted
union average rate) .
Union Rate Identifiers
A four letter classification abbreviation identifier
enclosed in dotted lines beginning with characters other
than " "SU" " or " "UAVG" " denotes that the union
classification and rate were prevailing for that
classification in the survey. Example : PLUM0198-005
07/01/2014 . PLUM is an abbreviation identifier of the union
which prevailed in the survey for this classification,
which in this example would be Plumbers . 0198 indicates the
local union number or district council number where
applicable, i . e . , Plumbers Local 0198 . The next number, 005
in the example, is an internal number used in processing
the wage determination . 07/01/2014 is the effective date of
the most current negotiated rate, which in this example is
July 1 , 2014 .
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA)
governing this classification and rate .
Survey Rate Identifiers
Classifications listed under the "SU" identifier indicate
that no one rate prevailed for this classification in the
survey and the published rate is derived by computing a
weighted average rate based on all the rates reported in
the survey for that classification. As this weighted
average rate includes all rates reported in the survey, it
may include both union and non-union rates . Example :
SULA2012-007 5/13/2014 . SU indicates the rates are survey
rates based on a weighted average calculation of rates and
are not majority rates . LA indicates the State of
Louisiana . 2012 is the year of survey on which these
classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey
completion date for the classifications and rates under
that identifier.
Survey wage rates are not updated and remain in effect
until a new survey is conducted.
Union Average Rate Identifiers
Classification (s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the
classifications was union data . EXAMPLE : UAVG-OH-0010
08/29/2014 . UAVG indicates that the rate is a weighted
union average rate . OH indicates the state . The next
number, 0010 in the example, is an internal number used in
producing the wage determination. 08/29/2014 indicates the
survey completion date for the classifications and rates
under that identifier .
A UAVG rate will be updated once a year, usually in January
of each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate
is based.
WAGE DETERMINATION APPEALS PROCESS
1 . ) Has there been an initial decision in the matter? This
can be :
*--- an- existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position
on a wage determination matter
* a conformance (additional classification and rate)
ruling
On survey related matters, initial contact , including
requests for summaries of surveys, should be with the Wage
and Hour Regional Office for the area in which the survey
was conducted because those Regional Offices have
responsibility for the Davis-Bacon survey program. If the
response from this initial contact is not satisfactory,
then the process described in 2 . ) and 3 . ) should be
followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations . Write to :
Branch of Construction Wage Determinations
Wage and Hour Division
U. S . Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2 . ) If the answer to the question in 1 . ) is yes , then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour
Administrator (See 29 CFR Part 1 . 8 and 29 CFR Part 7) .
Write to:
Wage and Hour Administrator
U. S . Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of
the interested party' s position and by any information
(wage payment data, project description, area practice
material , etc . ) that the requestor considers relevant to
the issue .
3 . ) If the decision of the Administrator is not favorable,
an interested party may appeal directly to the
Administrative Review Board (formerly the Wage Appeals
Board) . Write to :
Administrative Review Board
U. S . Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4 . ) All decisions by the Administrative Review Board are
final .
END OF GENERAL DECISION
SECTION 00120
NON-COLLUSION AFFIDAVIT�
L�nWem Lyons of the city Y r/(Arei44ncv
according to law onon My oath,,and under penalty of perjury, depose and say that:
1. lam Y,C S/I CLB/1
of the firm of Coral ( C O/Ls"1Jr 4 L o Comt eg,, y
the proposer making theI Proposal
�`fo�rr the project desscribed in the
/n-o/tice for&;ailing for
pfpposalsCA 14 S'�tebh f I 6 l ok yfizervci
and at I exeCNed the said proposal with full authority to do so;
2. The prices in this proposal have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting competition, as
to any matter relating to such prices with any other proposer or with any competitor, and
3. Unless otherwise required by law, the prices which have been quoted in this proposal
have not been knowingly disclosed by the proposer and will not knowingly be disclosed
by the proposer prior to proposal opening, directly or indirectly, to any other proposer or
to any competitor; and
4. No attempt has been made or will be made by the proposer to induce any other person,
partnership or corporation to submit, or not to submit, a proposal for the purpose of
restricting competition;and
5. The state ants co in in this affidavit are true and correct, and made with full
kn a of said .
(S nature o Proposer) —j: 11S(Date)
STATE OF: FLpatDA
COUNTY OF: K{iJtAt.
PERSONALLY APPEARED BEFORE ME,the undersigned authority,CNW144 LION S
who, after first being sworn by me, (name of individual signing)affixed his/her signature in the
space provided above. rr -- �
on this .3 Yd day of 1�t/6i.4.1 P1Ly , 20 y��
NOTARY P IC/
raa,y Pubic State Of
My commission expires: IAn 17013 (SEAL) IMMOearooewob
PROPOSAL FORM 00120-Page 27 of 303
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
Csgrek I Cns1nt dri CQMPa.'y
(Company)
"... warrants that he/It has not employed, retained or otherwise had act on hisnts behalf any
former County officer or employee In violation of Section 2 of Ordinance No. 010-1990 or any
County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or
violation of this provision the County may, in its discretion, terminate this contract without liability
and may also, in Its discretion, deduct from the contract or purchase price, or otherwise recover,
the full amount of any fee, commission, percentage, gift, or consideration paid to the former
County officer or employee".
(S' ture)
Date: 30-0
STATE OF: rL.ot,'.bot
COUNTY OF: Rob tat.
Subscribed and sworn to(or affirmed)before me on qt. . 7A7.O (date)
By C.Ai4,6C4. L.WAS (name of affiant). He/She is(personalhtltnnown to mil)
or has produced as identification. (Type of identification)
uo
NOTARY LICd
My commission expires: ILI15( Oi : Ay!f t?s
(SEAL) % IEZgas wilriten oo aoot.
PROPOSAL FORM 00120-Page 28 of 303
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
Cam. ICoA �- ci A C.C9M�Htel �
(Name of Business)
1. Publishes a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited In the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
2. Informs employees about the dangers of drug abuse in the workplace, the business's
policy of maintaining a drug-free workplace, any available drug counseling, rehabMtation,
and employee assistance programs, and the penalties that may be imposed upon
employees for drug abuse violations.
3. Gives each employee engaged in providing the commodities or contractual services that
are under proposal a copy of the statement specified In subsection (1).
4. In the statement specified in subsection (1), notifies the employees that, as a condition
of working on the commodities or contractual services that are under proposal, the
employee will abide by the terms of the statement and wig notify the employer of any
conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893
(Florida Statutes) or of any controlled substance law of the United States or any state,
for a violation occurring In the workplace no later than five (5)days after such conviction.
5. Imposes a sanction on, or require the satisfactory participation in a drug abuse
assistance or rehabilitation program if such Is available in the employee's community, or
any employee who is so convicted.
6. Makes a good faith effort to continue to maintain a drug-free workplace through
Implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the
above requirements.
ropo is Sig re
�3Date
PROPOSAL FORM 00120-Page 29 of 303
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide any goods or services to a
public entity, may not submit a bid on a contract with a public entity for the construction or repair
of a public building or public work, may not submit bids on leases of real property to public
entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
CONTRACTOR under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided In Section 287.017, Florida Statutes,for
CATEGORY TWO for a period of 36 months from the date of being placed on the convicted
vendor fist.. Ca I Can C J 6n
I have read the above and state that neither V ' � 4-t^/
(Proposer's name)nor any Affiliate has been placed on the convicted vendor list within the last /
thirty-six(36)months.
(%y
(Signature)//
Date: oa-�1. /d42)
STATE OF: cLo?.tai
COUNTY OF: 1103 Wt. t- _
Subscribed and sworn to(or affirmed)before me on the 1rd day of Ctt4WARV
20 20 , by ripticen. Ly s (name of affiant). He/She is personally
known to me or has produced (type of
identification)as identification.
My Commission Expires: 121142823
.elst parr
Sate
a Mara
NOTARY P BLIC oo
(SEAL) nmSCI4
PROPOSAL FORM 00120-Page 30 of 303
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS
Project Description(s): 6l (�1(r 14+ o� 5- ee-, Tr i C L9 fir.3
Respondent Vendor Name CO ti ( (on-14 rt407:in C O^'t Pun y
Vendor FEIN: oH-{ 3 L{ Si a /I
Vendors Avthprized[EjepresenlativeName end Title: 1 .�c't ���� Pre Ji ctcn-I
Address: 16 �l" x c3 � •
City: f�/10 Cz1cc State: FL Zip: 3130S13
k Phone Number 1-5c19 -°7 ore-4 �
`t 7 Email Address: (o Cc " `
, ^c:l" Qyq 400. Co^1
Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or
entering into or renewing a contract for goods or services of any amount if, at the time of contracting or
renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to
Section 215.4725, Florida Statutes, or is engaged In a Boycott of Israel, Section 287.135, Florida
Statutes,also prohibits a company from bidding on,submitting a proposal for, or entering Into or renewing
a contract for goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with
Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector
Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations In
Cuba or Syria.
As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified
above In the Section entitled"Respondent Vendor Name" is not listed on the Scrutinized Companies that
Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on
either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities
in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria.
I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification
may subject company to civil penalties, attomey's fees. and/or costs. I further understand that any
contract with the County may be terminated, at the option of the County, if the company Is found to have
submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or
engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities In Sudan List or the
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in
business operations in Cuba or Syria.
CCertified By: c".- L ,who is authorized
to sign on behalf of the above rreeff§renced mean
Authorized Signature:
Print Name: by..0/t_5
Title: Pre ,l C ♦y7l'f
Note: The List are available at the following Department of Management Services Site:
http:/lwww.dms.myflorida.comlbusiness operations/state.purchasinq/vendor information/convicted susp
ended discriminatory complaints vendor lists
PROPOSAL FORM 00120-Page 31 of 303
PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT
INSURANCE REQUIREMENTS
Worker's Compensation Statutory Limits
Employers Liability $1,000,000 Bodily Injury by Accident
$1,000,000 Bodily Injury by Disease
Policy Limits
$1,000,000 Bodily Injury by Disease,
each employee
General Liability, including $500,000 Combined Single Limit
Premises Operations
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Business Automobile Liability $300,000 Combined Single Limit
(Owned, non-owned,and hired vehicles)
If split limits are preferred:
5200,000 per Person
$300,000 per Occurrence
$200,000 Property Damage
Builder's Risk: Required
The contract shall require a Public Construction bond equal to the contract cost. The bond must
be Issued by an A rated surety company doing business in the State of Florida.
Hold Harmless, Indemnification, and Defense. Notwithstanding any minimum insurance
requirements prescribed elsewhere In this Agreement, Contractor shall defend, indemnify and
hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless
from and against (i) any claims, actions or causes of action, (li) any litigation, administrative
proceedings, appellate proceedings, or other proceedings relating to any type of Injury
(including death), loss, damage, fine, penalty or business interruption, and (III) any costs or
expenses that may be asserted against, initiated with respect to, or sustained by, any
Indemnified party by reason of, or in connection with, (A)any activity of Contractor or any of its
employees, agents, contractors or other Invitees during the term of this Agreement, (B) the
negligence or recklessness, Intentional wrongful misconduct, errors or other wrongful act or
omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or(C)
Contractor's default in respect of any of the obligations that it undertakes under the terms of this
Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings,
costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY
or any of its employees, agents, contractors or invitees (other than Contractor). The monetary
limitation of liability under this contract shall be not less than $1 million per occurrence pursuant
to Fla. Stat Sec. 725.06. Insofar as the claims, actions, causes of action, litigation,
proceedings, costs or expenses relate to events or circumstances that occur during the term of
INSURANCE REQUIREMENTS AND FORMS 00130-Page 39 of 303
this Agreement, this section will survive the expiration of the term of this Agreement or any
earlier termination of this Agreement.
In the event that the completion of the project (to include the work of others) is delayed or
suspended as a result of the Contractors failure to purchase or maintain the required insurance,
the Contractor shall indemnify the County from any and all increased expenses resulting from
such delay. Should any claims be asserted against the County by virtue of any deficiency or
ambiguity In the plans and specifications provided by the Contractor, the Contractor agrees and
warrants that the Contractor shall hold the County harmless and shall indemnify it from all
losses occurring thereby and shall further defend any claim or action on the Countys behalf.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for the above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this AGREEMENT.
FDEM Indemnification
To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the
Agency, the State of Flodda, Department of Emergency Management, and its officers and
employees, from liabilities, damages, losses and costs, Including, but not limited to, reasonable
attorneys fees, to the extent caused by the negligence, recklessness or intentional wrongful
misconduct of the Contractor and persons employed or utilized by the Contractor In the
performance of this Contract.
This indemnification shall survive the termination of this Contract. Nothing contained in this
paragraph is intended to nor shall it constitute a waiver of the State of Florida and the (County)
Agency's sovereign immunity.
pROPOSER'SSTATEMENT
I understand the Insurance that will be mandatory if awarded the contract and will comply in full
with all of the requirements herein. I fully accept the indemnification and hold harmless and duty
to defend as set out In this proposal.
PROPOSER �' J Iect Lye"-1 Signature
INSURANCE AGENTS STATEMENT
I have reviewed the above requirements with the proposer named above. The following
deductibles apply to the corresponding policy.
POLICY DEDUCTIBLES
General Liability $1,000
Business Auto -0-
Workers Compensation -0-
Uability policies area Occurrence Claims Made
Kelly White&Associates In '
Insurance Agency
INSURANCE REQUIREMENTS AND FORMS 00130-Page 41 of 303
CERTIFICATE OF LIABILITY INSURANCE DATE IMMWDD YI
04/16/2020
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT HOUSE
NAME.
Kelly White&Associates Insurance,LLC PHONE 904-880-8881 FAX
NG No.
P.O. Box 350909 ADDRESS: kelly@kwhileinsurance.com
INSUREWBI AFFORDING COVERAGE NAICM
Jacksonville FL 32235 INSURER A: United National Insurance
INSURED INSURER B: Travelers Property&Casualty Company
Coral Construction Company INSURER C: Nautilus Insurance Company
Po Box 500582 INSURER D: Wesco Insurance Company
INSURER E: Markel Specialty Hull
Marathon Shores FL 33050 INSURER F•
COVERAGES CERTIFICATE NUMBER: CORA20041611172861 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INS TYPE OF INSURANCE ADDUSUBR POLICY EFF POLICY EXP
LTR MSG MD POLICY NUMBER IMMIDDIYYVYI (MMIOO/YYVYI LIMITS
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1•006•000
DAMAGE TO RENTLD 100,000
CLAIMS-MADE 17OCCUR PREMISES lEa occurrence) $
MED EXP(Any one person} $ 5.000
A X X CST0000371 10/31/2019 10/31/2020 PERSONAL&ADV INJURY $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES�S PER. GENERAL AGGREGATE $ 2.000,000
X POLICY JELOT I LOG PRODUCTS-COMP/OP AGG $ 2.000,000
OTHER. $
-
AUTOMOBILE LIABILITY 'COMBINED SINGLE LIMA $ 1,000,000
IEa accident)
ANY AUTO BODILY INJURY(Per person) $
B OWNED X SCHEDULED BA4P029528 01/16/2020 01/16/2021 sooty mutiny de RY(Peraccnt) $
AUTOS ONLY AUTOS
HIRED tar
ONEY PROPERTY DAMAGE
X AUTOS ONLY X AUTOS ONLY Per accident) $
PIP s 10,000
X UMBRELLA LMB _OCCUR EACH OCCURRENCE $ 1,000•000
C EXCESS LIHB CLAIMS-MADE AN059226 10/31/2019 10/31/2020 AGGREGATE $ 1,000,000
DED RETENTIONS $
WORKERS COMPENSATION X STATUTE X ERTH- USL&H 6006F
AND EMPLOYERS'LIABILITY V I N
1,OOD,DDD
D ANY PROPRIETOR/PARTNER/EXECUTIVEI NIA WWO345661D 12/12/2019 12/12I202D
Gt EL EACH ACCIDENT $
°FFICERcyEMBER EXCLUDED') •
In NH) E L DISEASE-EA EMPLOYEE $ 1,000,000
If yes.Resvlbe under
DESCRIPTION OF OPERATIONS below E L.DISEASE-POLICY LIMIT $ 1•000,000
Scheduled 175,000
E Contractor's Equipment MKLM31M0051062 03/01/2020 03/01/2021 Equipment
DESORPTION OF OPERATIONS I LOCATJONS I VEHICLES(ACORD 101.AEGNIonal Remarks Schedule,may be attached If more space is required)
Monroe County BOCC are included as Additional Insured as respects General Liability and Auto Liability policies,pursuant to and subject to the policy's
terms.definitions,conditions and exclusions.All as required per written contract.Waiver of Subrogation on behalf of the certificate holder as required by
written contract.Certificate holder Is an additional insured&loss payee in respect to the Builders Risk(secured at time of awarded contract)
Mpil[) BKNW BR
CERTIFICATE HOI DFR Irr
/28/2020
Er' ILICIES BEIVERED LED BEFORE
F�,� Yws ILL BE DELIVERED IN
Monroe County Board of County Commissioners Tl IS'
500 Whitehead St.
AUTHORIZED REPRESENTATIVE
Key West FL 33040 c �5 \` h.
®1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 15(2016/03) The ACORD name and logo are registered marks of ACORD
Bond No. 41K234603
Document A312TM — 2010
Conforms with The American Institute of Architects AIA Document 312
Performance Bond
CONTRACTOR: SURETY:
(Name,legal slants andadresr) (Nome,legal status and principal place of Inn Mess)
Coral Construction Company The Ohio Casualty Insurance Company
347 Aviation Boulevard 175 Berkeley Street This document has nrooaam legal
Boston, MA 02116 consequences.Consullegonwah
Marathon, FL 33050 Mailing Address for Notices an attorney la encouraged with
respect to Its completion or
175 Berkeley Street m"dacadon.
OWNER: Any sinsuDr reference(Here teerm
legal moms and dress) Boston. MA 02116 Carr.Surety,Ownerle or
other party Mal be considered
Monroe County Board of County Commissioners Mentalism applicable
500 Whitehead Street
Key West, FL 33040
CONSTRUCTION CONTRACT
Date: March 18, 2020
Amount S 95,320.00 Ninety Five Thousand Three Hundred Twenty Dollars and 00/100
Description:
(Name and location)
BIG COPPITT FIRE STATION#9 BUILDING REPAIRS
BOND
Date: March 18, 2020
(Not earlier than Construction Contract Date)
Amount$95,320,00 Ninety Five Thousand Three Hundred Twenty Dollars and 00/100
Modifications to Ibis Bond: ® None See Station 16
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Canpmy, (Cmpamie Seat)
Coral Constructio ompa The Ohio Casual In urance Company
Signature: Signature:
Na il.,-'t Lyons Name KevinWo towicz
and Tick: rl CsaL
f I and Title. Attorney-in-Fact
(Any additional signatures a appear ar on the last page of this Performance Bond)
(FOR INFORAU77ON ONLY—Name,address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
Nielson, Wojtowicz, Neu &Associates (Architect Engineer or otherpany:)
1000 Central Avenue, Suite 200
St. Petersburg, FL 33705
800-965-9597
S-1e62/AS ono
§1 The Convector and Surety,jointly and severally,bind themselves,their beim,executor,admbdstmtors,successors and assigns to the Owner for
the performance of the Construction Contract,which is incorporated herein by reference.
§2lfthe Contractor perfomts the Construction Contras,the Surety and the Contractor shall have no obligation under this hood,except when
applicable to participate in a conference as provided in Section 3.
§3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise alter
.1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default.Such
notice shall indicate whether the Owner is requesting a conference among the Owner,Contractor and Surety to discuss the
Contractor's performance.If the Owner does not moat a conference,the Surety may,within five(5)business days after receipt of
the Owmas notice,request such a conference.If the Sully timely requests a conference,the Owner shall attend.Unless the Owner
agrees otherwise,any conference requested under this Section 3.1 shall be held within tea(10)business days of the Surety's receipt
oft Oconee notice.If the Cramer,the Contractor and the Surety agree,the Contractor Sall be allowed a reasonable time to
perform the Construction Contract,but such an agreement anal not waive the Owner's right,ifany,subsequendy to declare a
Contractor Default;
.2 the Owner declares a Contractor Default,tcrmnaa the Construction Contract and notifies the Surety;and
.3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the
Sump or to a contractor selected to perform the Construction Contract.
§4 Pai acre on the part of the Owner to comply with the notice requirement in Section 3.1 shall not rnwiwte a failure to comply with a condition
precedent to the Surety's obligations,or release the Surety front its obligations,except to the extent the Surety demonstrates actual prejudice.
§6 When the Owner has satisfied the conditions of Section 3,the Surety shall psoniptly and at the Surety's expense take one of the following actions:
§5.1 Anne for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract;
§6.2 Undertake to perform and complete the Contraction Contract itscl(through its agents or independent contractors;
§6.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for perknnance and completion of the
Construction Contract,arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's ananence,to be
secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contras,and pay to
the Out the amount of damages as described hi Section l in excess of the Balance of the Contract Price tutted by the Owner as aresult of the
ConbsacrDefult,or
§5.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable promptness under the
circumstances:
.1 After investigation,determine the amount for which it may be Gable to the Owner and,as soon as practicable alter the amount is
determined,make payment to the Owner;or
.2 Deny liability in whole or k part and notify the Owner,citing the reasons for denial.
§B If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to be in default onthisBond
seven days altar receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this
Bond,and die Owner shall be entitled to enforce any remedy ava0able to the Owner.If the Surety proceeds as provided in Section 5.4,and the
Ownerrefmo the payment or the Surely has denied liability,in whole or in part,without further notice the Owner call he entitled to enforce any
remedy available to the Owner.
s-1852/AS tl/10
§7 if the Surety elects to act under Sectionn 5.1,52 or 5.3,thas the responsibilities of the Surety to the Owner shall not be greats that those of the
Contractor under the Construction Contact an the respmubrlities of the Owner to the Surety shall not be geaterthm those of the Comerander the
Confection Contract.Subject to the commitment by the Owner to pay OwBalance of the Centime Price,the Sunny is obligated,without
duplication,for
.1 the respoa9tilities of the Contractor for cammion of defective wo&and completion of the Construction Contract
.2 additional legal,design professional and delay rats resulting from the Commdols Default,and resulting from the actions or
rain to act ofthe Suety under Section s;and
.3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual damages caused by delayed
performance or nos-performma of the Contractor.
§8 if the Surery<leen coact order Section 5.1,53 or5.4,the Surety's liability is limited to the amount of this Bond.
§97he Surety shall not be liable to the Owner or others for obligations of the Contractor that me unrelated to the Construction Contract,and the
Balance of the Contract Price shall not be reduced or set off on aceormt of any such unrelated oblgadons.No right ofaction shall accrue on this
Bond to any person or entity other than the Owner or its heirs,executors,administrators,successors and assigns.
§10 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract ortorelated subcaotnaa,purchase
=des ad other obligations.
§11 Any proceeding,legal or equitable,under this Bond maybe instituted in any court of competent jurisdiction in the location in which the work or
pan of the work is located and shall be Instituted within two yeah after a declaration of Contractor Default orwithin two years after the Contractor
arced working or within two years after the Surety refuses or fails to perform its obligations under this Bond,whichever occurs tint.If the
provWons of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of
the suit shall be applicable
§12 Notice to the Surety,the Ownerorthe Connector shall be mailed or delivered to the address shown on the page on which their signature
§13 When this Bond has been fenished to comply with asahaory or other legal requirement in the location where the construction was to be
perform any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted heefrom and provisions
conforming to such statutory or o herlegal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be
construed as a statutory bond and not as a common lawtond.
§14 Definitions
§14.1 Balance of the Contract Price.The total amount payable by the Ownerto the Contractor under the Construction Contract alter all proper
adjustments been made,including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of
insurance orother claims for damages to which the Contractor is entitled,reduced by all valid and proper payments made to oron behalf of the
Contractor under the Construction Contract.
§14.2 Construction Contract.The agreement between the Owner and Contractor identified on the cover page,including all Contract Documents
and changes made to the agreement and the Contract Documents.
§14.9 Contractor Default.Failure of the Contractor,which has oot been remedied or waived,to perform or otherwise to comply with a material
term of the Construction Contract.
§14.4 Owner Default Failure of the Owner,which band beta remedied or waived,to pay the Contractor as required under the Construction
Contractor to preform and complete or comply with the other material terms of the Construction Contract.
§14.5 Contract Documents.All the documents that comprise the ageanat between the Owner and Contractor.
§15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be
Subcontractor and the term Owner shall be deemed tohe Contractor.
5-1852JAS 8r10
•
16 Modifications m this bad areas follows:
(Space Lc provided below for additional signatures of added ponies.other than those appearing on the cove page)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Caporals Seal)
Signature: Signature:
Name mid Title: Name and Tide:
Address Address
S-18521AS 8/10
-THE PROVISIONS AND LIMITATIONS OF SECTION 255.05 FLORIDA STATUTES, INCLUDING BUT NOT LIMITED TO
'THE NOTICE AND TIME LIMITATIONS IN SECTIONS 255.05(2)AND 255.05(10), ARE INCORPORATED IN THIS
BOND BY REFERENCE.
Bond No. 411(234603
Document A312TM — 2010
Conforms with The American Institute of Architects ALA Document 312
Payment Bond
CONTRACTOR: SURETY:
(Nave,legal status and address) (Name,legal status and princ4'al place of business)
Coral Construction Company The Ohio Casualty Insurance Company
175 Berkeley Street This document has Important legal
347 Aviation Boulevard Boston, MA 02116 consequences.Consollatton with
Marathon, FL 33050 Mailing Address for Notices an attorney is encouraged with
respect to Its campie0m or
175 Berkeley Street modification.
OWNER: Any singular reference m
(Name,legrrlMatta adaddes!) Boston, MA 02116 Contractor,Surety Oates
other party shai be considered
Monroe County Board of County Commissioners plural whale applicable.
500 Whitehead Street
Key West, FL 33040
CONSTRUCTION CONTRACT
Bate: March 18, 2020
Amount:595,320.00 Ninety Five Thousand Three Hundred Twenty Dollars and 00/100
Description:
(Name and location)
BIG COPPITT FIRE STATION#9 BUILDING REPAIRS
BOND
Date: March 18, 2020
Mot earlier than Construction Contract Dote)
Anmmc$95,320.00 Ninety Five Thousand Three Hundred Twenty Dollars and 00/100
Modifications to this Bond: D None See Section 18
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Coral Construe n Comp ny The Ohio Casualty n ranee Company
•
SrBntma Signature,
Nemc no. _ L Namo Kevi ojt wicz
and Titlrn II t, and Tide: Attorney-in- act
Ne Sidp.-CT
(Any additional signatures appear on the fart page aphis Payment Bond)
(FOR INFORMATION ONLY—Name,address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
Nielson, Wojtowicz, Neu &Associates (Archirea,Rngnaer or other party:)
1000 Central Avenue, Suite 200
St. Petersburg, FL 33705
800-965-9597
S-2119/AS 8/10
§1 The Contractor and Surety,Jointly and severally,bind themselves,their heirs,executors,adtn nistratms,successors and assigns to the Owner to
pay far labor,materials and equipment furnished for use in the performance of the Construction Contract,which is incorporated herein by reference,
subject to the following terns.
§2 If the Contractor promptly makes payment of all sums duc to Claimants,and defends,indemnifies and holds harmless the Owner from claims,
demands,liens or suits by any person or entity seeking payment for labor,materials or equipment furnished for rue in the performance of the
Construction Contract,then the Surety and the Contractor shall have n obligation under this Bond.
§3 it ere is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond shall arise after the Owner
has promptly notified the Contractor and the Suety(at the address described in Section 13)of claims,demands,liens or suits against the Owner or
the Omer's properly by any pass or entity seeking payment for labor,materials or equipment finished for use in the performance of the
Construction Contract ad tendered defense of suds claims,demands,liens orsuits to the Contactor and the Surety.
§4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense defend,indemnify and hold
harmless the Owner against a duly tendered claim,demand,lien or suit
§5 The Surety's obligations to a Claimant under this Bond shall arise after the following:
§5.1 Claimants,who do not have a direct contract with the Contractor,
.1 have furnished a writren notice ofnon-paymau to the Contractor,stating with substantial accuracy the amount claimed and the
name of the party to whom 0e materials were,or equipment VMS,furnished«supplied or for whom the labor was done or
performed,within ninety(90)days after having last performed labor or last furnished materials or equipment Included in the Claim;
and
.2 have sent a Claim to the Surety(at the address described in Section 13).
§6.2 Claimants,who am employed by or have a direct connect with the Contractor,have senta Claim to the Surety(at the address described in
Section 13).
§$If a notice ofnonyaymeat required by Section 5.1.1 is given by the Ownerto the Contractor,that is atndent to satisfy a Claimart's obligation
to famish a written notice ofus-pyment under Section 5.1.1.
§7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall promptly and at the Surety's
expense take the following actions:
§7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim,stating the amosls that am
undisputed and the basis for challenging any mounts that are disputed;and
§7.2 Pay or arrange for payment of any undisputed amounts.
§7.3 The Surety's failure todischarge its obligations under Section 7.1 or Section 72 shall not be deemed to constitute a waiver of defenses the
Surety or Contractor may have or acquire as to a Claim,except as to undisputed amounts for which the Surety and Claimant have reached agreement
If,however,the Sunny fags to discharge its obligation under Section 7.1 or Section 7.2,the Suety shall indemnify the Claimant for the reasonable
attorney%fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant
§g The Surety's total obligation shall not exceed the mount of this Bond,plus the amount of reasonable attorney'fees provided under Section 73,
end the most of this Bond shall be credited for any payments made in good faith by the Surely.
§9 Amounts aced by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract
and to satisfy chime,Bany,under any construction performance bond.By the Contractor furnishing and the Owner accepting this Bond,they agree
that all Rands earned by the Contractor in the performance of the Caahocton Contract are dedicated to satisfy obligations of the Contractor aid
Surety under this Bond,subject to the Owner's priority to use the fends for the completion of the work
S-214WAS 5f10
§10 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract.
The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond,and shall have under this Bond no
obligation to make payments to,or give notice on behalfot;Claimants or otherwise have any obligations to Claimants wider this Bond.
§11 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase
orders and other obligation&
§12 No suit or action shall be commenced by a Claimant under this Bond other than in a court ofcampetentjurisdiction in the state in which the
project that is the subject of the Consmaion Contract is located or after the expiration of one year than the date(1)on which the Clamant sent a
Claim to the Surety pursuant to Section 5.12 or 52,or(2)on which the last labor or service vas performed by anyone or the last materials or
equipment were furnished by anyone under the Cmeruction Contract,whichever of(1)or(2)frstocem If the provisions of this Paragraph are void
or prohibited by law,the minimum period of limitation available to sureties as a defense in thejurfsdictionofthe suit shall be applicable.
§19 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page onwhich their
signature appears.Actual receipt of notice or Claims,however accomplished,shall be sufficient compliance as of the date received.
§14 When this Bond has been Banished to comply with a statutory or other legal requirement in the location where the construct,wis to be
•. nal,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted Item-Born and provisions
conforming to such statutory orother legal requirement shall be deemed incorporated herein.Whet so furnished,the Sent is that this Bond shall be
cooenedas a statutory bond and not as aonmmon law bond.
§15 Upon request by any person orentity appearing to be a potential beneficiary of this Bond,the Contractor and Owner shall promptly Amish a
copy of this Bond or shall permit a copy to be made.
§16 Definitions
§18.1 Claim.A written statement by the Claimant including ata minimum;
.1 the name of the Claimant;
.2 the name of the person for whom the labor was done,ormaterials or equipment furnished;
.3 a copy of the agreement orpurchase order pursuant to which labor,materials or equlp.nent was furnished for use In the
performance of the Construction Contact;
.4 a brief description of the labor,materials or equipment finished;
.6 the date on which the Claimant last performed laboror last furnished hmkrials or equipment for use in the performance oft e
Corutucion Contact;
.6 the total:mount earned by the Claimant for labor,materials or equipment famished as of the date of the Claim;
.7 the total amount of previous payments received by the Claimant;and
.8 the total amount due and unpaid to the Claimant for labor,materials or equipment finished as of the date of the Claim.
§16.2 Claimant.An individual or entity having a direct contract with the Contractor or with a subcontractor of the Connector to finish labor,
materials orequipment for use in theperfommee of the Construction Contract.The term Claimant also includes any individual orentitythat has
rightfully asserted a claim under an applicable mechanic's lien or simmm statute against the real property upon which the Project is located.The intent
of this➢md shall be to include without limitation in the terms labor,materials or equipment"that part of water,gas,power,light heat oil,gasoline,
telephone service orrental equipment used in the Caemuct(onContrac,architectural and engineering services required for performance of the work
of the Contractor and the Connector's subcontractors,and all other items for which amedmde's lien may be asserted in the jurisdiction where the
labor,materials or equipment were finished.
§16.3 Construction Contract The agreement between the Owner and Contractor identified on the ever page,including all Contract Documents
and all changes made to the agreement and the Contract Doc ments.
S214WAS 8110
§18.4 Owner Default Faihne of the Owner,which has not berm remedied or waived,to pay We Contractor as required under the Construction
Contract or to perform and complete rc comply with the other material(was of the Comeuclion Cowan.
518.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor.
§171fthis Bond is issued for an agreement between a Coweetorand subcontractor,the term Contractor far this Baid shall be deemed to be
Subcontractor and the term Owner shall be deemed to be Contractor.
§18 Modifications to this bond me as follows:
THE PROVISIONS AND LIMITATIONS OF SECTION 255.05 FLORIDA STATUTES, INCLUDING BUT
NOT LIMITED TO THE NOTICE AND TIME LIMITATIONS IN SECTIONS 255.05(2) AND 255.05(10),
ARE INCORPORATED IN THIS BOND BY REFERENCE.
(Spice Is provided below.for additional signatures gadded parties,other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Cooperate Seal) Company: (CarporataSeal)
Signature: Signature:
Name and Title: Name and Tide•.
Address Address
S-2149/AS 8/10
This Pour of Money faits the act of these named herein,ai0 they have no authority to
bind 9e Company except in the manner and to the emit herein dated
x%`nid Liberty Liberty Mutual Insurance Company
r Mutual. The Ohio Casualty Insurance Company CatfrAe No:8198058-964008
West American Insurance Company
SURETY
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casually Insurance Company is a corporation duly organized under the Weis of the State of New Hampshire.that
Liberty Mutual Insurance Causally is a comer**duly cganimd giber the laws of**State d Massachusetts,and West Amricen Insurance Company is a wrpoalbn duly organized
under the laws of M Slab of Indiana therein cabrtiaey caled thetamPanssi,pursuant to and by authority herein set forth.does hereby name,c,retibb and appoint Lune D.
Mosholder;Brat Rosenhaus;Tracey Boone-Brown;Emily Golecki;John R.Neu;Daniel F.Oaks;Becky Stanton;Kevin Wojtowicz
all of the day of Saint Petersburg state of FL each immduay a there be more than one named,t true and lawful aeoneyimhd to make,
execute,seal,acknowledge and deliver,brad on its behalf as surety and as tad and dad any and all ulderlakigs,tends,mwgi®rea end other surely otl gatior8,in pursuance
of these presents and shall be as binding upon the Companies as if they have been duty signed by the prided and attested by the seaatary d the Companies in their awn proper
Parson.
IN WITNESS WHEREOF,this Poser d Atbney has been subscribed by an adhased officer or aWdal of the Companies aid the coprab seas el the Crnpaiies have been affixed
thereto this 29th day of November , 2018 .
UOry Mutual Insran¢Company
\NSU {Y WA csasuaq���d' ThODIIb Cass. halms. Mpely
Az)*
6~mo. �`fnm WestAnericenlnsua�CaryWry m
1912 e c 7979 ++m s 7997 0 �y/////� en
03
ch �w��a iec xc i `4`AMA�b "% C
a wiry . .+A "Nf . .+' s'N . F� � Davd M.Carey,Ass'staMSawetary n
C
-F Sala d PENNS/LVANIA >`
• = Comfy 0MONTGOMERY his mi
mi
oo Cm this 29th day of November , 2018 before me personally appeared David M.Carey,tut,beE ,edged hiself kv be the Assstad Secretary d liberty Muted Insuace o
mCompany,The OMo Casualty Company,and West American Insurance Cushy,and that he,as such,befog authorized so b do,execute the foregoing instrument tart the purpmea—w
y> therein contained by signing mbdathof the capmaeasbyhhndfasaduyadarizeddfor. 8w
mn W WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Keg of Prussia,Pmrsytada,m the day and year first atom written.
En
-a po
OmQF.SP HwaeS COMMOMYEALTN CIF PENraronaA n <4
9 xmwsr / o 03
yO F (� Tanga Paste.,KAery Public<Yo t+ �����f
p m ` o MFgrM'n EXa�rnryeflry BY: �"- " m
ee ,^'+aver+P°p ...raw
cerise errs sasasm Teresa Pastel,Notary Public riw
y., 'bench p'So- .va•arA+wr�umraNwr ao
ae wQ
wan This Power d Attorney is made and executed pursuant to and by authority of the btwhg Bylaws and/aNpr®brs d The Ohio Casualty Insurance Company,Liberty Mabel«ory
0 S Insurance Company,and West Ameimn lstcean Cmpay which resolutions are noe b full force and effect reading as Mawo
Eai ARTICLE he-OFFICERS:Semen 12.Power olMmey. D
`•m My officer a other official of the Capaatian authn®d tar that r upose in writing by the Quinlan or the President,and stilled to such tis8on as the Chairman or the=a
a President may pescrbe,shall appoint such albraysiHal as may be necessary b ad b behalf ofte Carpaa0on b make,execute.seek seekacknowledgead deliver as ersurety >o
>v any ad al mderla beats,
kkgs,bs,remgnizaEaid Mr surely begat/as.Such attorneys-in-bd.miffed to the anthems set lath b Nor reweave powers dtr aey,shall to
have full power to bird the Camara by their signature and emersion d any such hflunnls aid to alsm thereto the sea d the Corporation.When so executed,such'"N
O 15 'mamma slat be as tinig as if signed by the President and at sbd b by the Seaelay.My power a atvthy graded b any repasawative a dbmry.bfalOr un the �M
u pvistons dths article may be revoked a any are by the Board.the Chairman,the P •+Wd a re by the officer a dews 9rarl& sun or a power Wadty. cm
0
ARTICLE IIW-Fiecuem of Centred.:Section 5.Suety Bails and Undertakings.
My°Meer of the Company-ln-&authorized for that purpose rwiling by the chairman cr the i side and subject be such Violations as to Neiman atlas president may prescribe,Fa--
stal appeal sot etkar krindaun as may be necessary to at b behaff d the Company to males exasb,seal,admowledge and delver as Seery ary and a8 s.lderal
bonds,reogdzenees ando er surely dngaers.Sat atmeytit subject to the limitations set forth b their respective powers d attorney,shall have full power to bad the
Company by their signature and d any y mull instruments and
and to attach thereto the seal et the Company.When so executed such Simonet shah be as binding as e
signed by the president and attested by the secretary,
Certificate of Designation-The President of the Company,amrg pursuant to the Bylaw of the Company,authorizes David M.Carey,Assisted Secretary to append such atmeys-ii-
fad es may be necessary to ad on behalf of the Company to rtake,execute,seal,acknowledge and d&,r as surety any and all andel:Mos,bads,rewgnizances and other surety
obligations.
AYBmlhi ion-By unanimous consent of the Companys Bond of Directors the Company consents that facsimile or mechanically reproduce signature dany assistant secretary ofthe
Company,wherever appearing upon a acetified copy of any power of attorney sword by the Company in connection with surety bonds,shall be valid aid binding upon the Company with
the same form and effect as tho gh manually Shed.
I,Renee C.Llewellyn,the undersigned,Assistant Secretary,The at Casualty Insurance Company.Utly Mutual Instance Contrary,and West Marten Insaare Company do
hereby eerily that the original power of attorney of Milt the foregoing is a NI,true and email copy of the Paver d homey executed by said Companies,a in full lace and effect aid
has not been revoked. . ate'
*TESTIMONY WHEREOF,I have hereunto eunto set my hand aidaffixed the seals of said Companies this ,p T day o1��A..p2. 2020 .
aJ. Mst cf imp/ 4%SaU
/ � o1972 19 i n wJ/vp/
(
w1dy`
e f ? y BY:
D rp Renee C.Llewellyn.Assistant Secreting. Tr a . 0' dry . rd`
UMS12873 WIC OCavWIC Multi Co_(e20l8